Broken tree branches are shown in a park in Montreal, Quebec, Canada, on March 12, 2026, following an ice storm. (Photo by Graham Hughes/NurPhoto via Getty Images)

What was the case

A man sued a shopping center in North Bergen, New Jersey, alleging that ice and snow accumulated on a sidewalk and caused his slip-and-fall injury.

The details

The day before the incident, there was no natural snow or ice on the ground. The day of the incident, a powerful winter storm brought 5 to 6 inches of heavy wet snow to the area in the afternoon and the snow changed to all rain in the evening. This caused the snow to melt and turn to slush. Runoff from the rain and melting snow and slush caused puddles to gather in low lying and poor drainage areas.

The plaintiff testified that during the late evening there was 4 inches of slush on undisturbed sidewalks and slush was flowing down an adjacent viaduct. This observation was consistent with the weather. He then testified that he walked over a hump on the sidewalk and the slush turned to frozen solid ice, which caused him to slip and fall.

AccuWeather Analysis

AccuWeather determined that the plaintiff’s testimony regarding the frozen solid ice on the sidewalk was not consistent with the weather. Due to the air temperature being above freezing at 37 to 38 degrees, water and slush from rainfall and melting snow would not have formed into frozen solid ice. In addition, snowfall from the winter storm ended and turned to rain within a few hours before the incident. Snow removal operations are given a reasonable amount of time to clear surfaces after a winter storm ends.

Outcome

The judge dismissed the case.

AccuWeather Expert Forensic Meteorologist Robert Smerbeck relied on daily weather maps prepared by the National Centers for Environmental Prediction’s Hydrometeorological Prediction Center; local climate data made available online by the National Centers for Environmental Information; daily precipitation and snowfall data; testimony by the plaintiff; photos of the location of the incident; AccuWeather Proprietary data sets, and other sources.

Feedback from the client

“I write to let you know that the motion for summary judgment on which you were such a big help with the weather was argued this morning in the Superior Court, Hudson County. The court granted the motion and dismissed the case. Thank you again for all your help. We could not have gotten the case dismissed without your analysis of the weather.” – Defense Attorney

Why Attorneys and Insurers Use AccuWeather Forensics

AccuWeather forensic meteorologists provide objective weather reconstruction and analysis that helps clarify environmental conditions surrounding disputed events. Using the greatest collection of weather related data available, including publicly available and proprietary data sets, our experts analyze historical weather records, local observation data, snow and ice conditions, precipitation history, and temperature trends to support insurance disputes, accident investigations, property damage cases, and other litigation.

Ticks are still biting as temperatures drop